A disagreement between the Ministry of Transportation and the owners of the former Duffy's Tavern in Hepworth over the location of some flower boxes is heading to court.

John Schnurr, president of Duffy's Farm Gate Market and Business Centre, is to appear in Ontario Superior Court of Justice in Owen Sound on Friday where the Ministry of Transportation is attempting to obtain a warrant to remove flower boxes on the property they claim encroach on the Hwy. 6 right of way.

"They want a warrant to remove the flower beds," said Schnurr. "Their position is they are going to go ahead and do what they are going to do."

The dispute over the flower boxes began in early summer when the MTO ordered them removed after they had been installed at the business, which was undergoing renovations to accommodate vendors offering locally produced goods on the main floor and a business centre on the second floor.

Outside there were plans for a farm gate market utilizing stalls laid out in a village theme. Schnurr said backers had spent about $2 million on the work.

In early August, the MTO attempted the remove the flower boxes which they said could pose a hazard to vehicles on the road. But Schnurr stopped the MTO from completely removing the structures, which the MTO said encroached on the right of way by approximately a metre.

At that time the MTO said it was committed to removing the "large structures firmly embedded in the ground" and could seek authority to do so in the courts.

Liane Fisher, communications coordinator with the MTO - West Region said because the matter is before the courts, the MTO would not be able to comment.

Schnurr said Monday the disagreement has kept him from opening, putting him behind schedule by about a year and leading to an estimated $500,000 in lost wages and $3 million in lost revenue for the businesses that would locate at the market.

"I am still technically not in business," said Schnurr. "I don't have an entrance permit and I don't have sanction from the MTO. I can't get approval from the town until MTO signs off."

Schnurr said if the court decision doesn't go in his favour, he will board the former tavern up and close the business.

"I have had enough," said Schnurr. "I can't afford to fight the fight forever."

Schnurr said Monday the main aspect of the disagreement has always been the location of flower boxes, but he is also fighting other requirements from the provincial ministry, including engineered drawings for the small garden shed-type structures, an engineered drainage plan, an encroachment fee and sign permits.

"We are talking about a couple thousand dollars in fees," said Schnurr. "But that is not the point."

Schnurr said the owners of the property have a Crown patent that states they own the rights to alter the property. He said it is a private contract between the landowner and the Crown that the government cannot change.

"In the patent it states those rights are forever," said Schnurr.

Schnurr said it is his property and his money being put into the business and he is being told what he can and cannot do.

"Anybody that lets a Crown corporation or government ministry to come in and do things on their land they own without a court order is foolhardy," Schnurr said.

He said he had an agreement worked out with an MTO official that he would move a flower box back and pay sign permit fees and, in turn, the MTO would drop its other requirements, but the MTO is still proceeding with the court case.

"It was a gesture of good faith," said Schnurr. "As far as I am concerned they don't have the right to sell it to me. However if it keeps the peace and moves things along, I will agree to it."

Schnurr believes the MTO is most upset about "Back off Government" signs he posted at the property.

"It's freedom of expression," said Schnurr, who believes the situation has become personal.

He argues that under county and municipal zoning he doesn't require everything the MTO is requesting, but the MTO wants to control the site.

"It is a revenue tactic. It's just a fee for this, a fee for that . . . they will never go away," said Schnurr. "Like a cat, you feed them once and they keep coming back."

He also argues the flower boxes aren't a safety issue. There are hydro poles between the flower boxes and the highway that he says are more of a hazard and properties along the highway that encroach on the right of way.

Schnurr said he plans to make a number of arguments against the MTO's claims in court on Friday.

He said the ministry relinquished it right to stop the work because they didn't step up until after it was nearly complete. He also said he wasn't notified of the requirement of the MTO permits until after work was completed.

He also said he wouldn't have done all the work to the old tavern if he would have known he required so many permits and studies.

"If they are going to have the ministries make input, then it should be condition precedent," said Schnurr. "If I know what I have to deal with heads up, then I can deal with it."

He also argues the MTO had an opportunity to have input on zoning for the property when the province approved the county's master plan about 10 years ago and didn't. He also says Hepworth should have to follow the same rules as are followed in Wiarton to the north, where he says the requirements for a sign permit from the MTO do not exist.

"It's actually a four-face argument I am facing and each one will hold water," said Schnurr.